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2008 Supreme(Mad) 2585

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE D. MURUGESAN & THE HONOURABLE MR. JUSTICE V. PERIYA KARUPPIAH
Dr. L. Prakash
Versus
The Superintendent, Puzhal Central Prison -1, Puzhal, Chennai
H.C.P.No. 486 of 2008
Decided on : 23-07-2008

Advocates appeared:
For the Petitioner:R. Karuppan, Advocate.
For the Respondent: M. Babu Muthu Meeran, Addl. Public Prosecutor.

Headnote:A. CONSTITUTION OF INDIA - ART. 226 - Habeas Corpus - Right of Prisoner to have access to facility of personal computer rejected - Habeas Corpus petition filed by a prisoner praying for facility of lap top or table top computer at his cost for purpose of research and study - Prayer rejected but allowed to use the jail table top computer under supervision and condition.

       B. TAMILNADU PRISON RULES, 1983, RULE 298. CLAUS (rr) - Right of a prisoner to use computer could be restricted by established procedure of law - Only caution would be that said procedure must be reasonable, fair and just. HELD, regulatory clause (rr) to Rule 298 of the Tamilnadu Prison Rules, 1983 is reasonable as it is intended only to regulate inmates of prison (Para 22).

Judgment

D. Murugesan, J.

Dr.L.Prakash, the petitioner is a life convict and he is presently confined in Central Prison, Puzhal, Chennai. He was found guilty and was sentenced to under go imprisonment as detailed below:-

.(i) Rigorous imprisonment for seven years and also to pay a fine of Rs.5000/- in default to undergo rigorous imprisonment for six months for the offence under Section 506(ii) of IPC.

.(ii) Rigorous imprisonment for ten years and also to pay a fine of Rs.5,000/- in default to undergo rigorous imprisonment for six months for the offence under Section 367of IPC.

(iii) Rigorous imprisonment for five years and to pay a fine of Rs.1,00,000/- in default to undergo rigorous imprisonment for six months for the offence under Section 67 of the Information Technology Act, 2000.

.(iv) Rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- in default to undergo rigorous imprisonment for six months for the offence under Section 5 of Immoral Traffic (Prevention) Act, 1956.

.(v) Imprisonment for life and to pay a fine of Rs.5000/-in default to undergo rigorous imprisonment for six months for the offence under Section 6 of Immoral Traffic (Prevention) Act, 1956.

.(vi) Rigorous imprisonment for two years and to pay a fine of Rs.2000/- in default to undergo rigorous imprisonment for six months for the offence under Section 6 of Indecent Representation of Women (Prohibition) Act, 1986.

(vii) Rigorous imprisonment for seven years and to pay a fine of Rs.5000/- in default to undergo rigorous imprisonment for six months for the offence under Section 27 of the Arms Act, 1959.

2. He has approached this Court seeking a direction to the Superintendent of Central Prison, Puzhal, Chennai to receive a lap top computer with word processor facility and printer purchased on his behalf and handover the same to him and consequently permit him to put in use of the same. The petitioner is not only sought for relief for a provision of lap top computer for himself, but also a provision of lap top to deserving prisoners, like the petitioner so as to enable them to make their time more productive.

3. The petitioner has sought for a provision of computer based on the following averments:-

(i) He is a leading orthopedic surgeon in the country and was also a former Secretary of Indian Orthopedic Association. He is also an author of six books and numerous scientific publications. Even during the incarceration for over a period of six years, he did not remain idle and wrote "Mahabharata" in English. So far, he has written 89 books on various subjects including humor, self help , religious based, mythology, detective and thriller novels. Being a prisoner, he is entitled to fundamental right relating to freedom of speech and writing under Article 19 of the Constitution of India and that though he was allowed to work unfettered, he had to take longhand and painstakingly writing of nearly thirty five thousand and odd pages. Though he has already possessed M.B.B.S. and M.S., degrees and M.Ch., higher specialty degree apart from FASIF, in order to enrich and educate himself, a provision of a personal computer or laptop and other related accessories are absolutely necessary, , since such a provision would make the job of writing pain free and efficient editing and in carrying out correction work. The same would enhance the quality and efficiency in the job and some times to add creation.

(ii) The Central Prison situate in Puzhal at Chennai is one amongst most modern prison in Asian Country and the same is equipped with a computer lab with about dozen computers. Yet, he is unable to take the full benefit of the system as the computers are primarily intended to put in use to train the inmates of the prison and the facilities have to be shared among 600 other prisoners. As he is financially stable and solvent to purchase the computer from and out of his own resources without recourse to other means and that he is not expected to waste all spar





































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